Supreme Court granted certiorari. Opinion of the Court Reversed. Justice Clarence Thomas delivered the opinion of the court. Thomas first went through the Cheyenne River Act and covered what each relevant section stated. Thomas noted that there was a difference between the of trust land transferred by the tribe under the Cheyenne River Act and the of non-Indian owned fee lands transferred under the Flood Control Act. Citing Menominee Tribe v. United States, and Montana v. United States, , Thomas noted that Congress has the power to abrogate treaty provisions but that they must "clearly express its intent to do so." Although Thomas indicated that such an abrogation be clearly expressed, he found that the statutes in question "implies the loss of regulatory jurisdiction" by the tribe. Although Thomas found that the statute implied the loss rather than clearly stated it, he reversed the opinion of the Eighth Circuit Court. Dissent Justice Harry Blackmun issued a dissenting opinion, joined by Justice Souter. Blackmun went into detail pointing out the difference between an explicit abrogation and an implied abrogation. Blackmun would have upheld the decision of the Court of Appeals. See also List of United States Supreme Court cases, volume 508 References External links 1993 in United States case law United States Supreme Court cases Lakota United States Native American treaty case law Native American history of South Dakota 1993 in South Dakota Legal history of South Dakota United States Supreme Court cases of the Rehnquist Court